beta
(영문) 서울중앙지방법원 2018.03.15 2017가합529491

손해배상(기)

Text

1. The Defendant’s KRW 393,824,450 for the Plaintiff and KRW 5% per annum from May 30, 2013 to March 15, 2018.

Reasons

1. Basic facts

A. On March 27, 2002, the head of Gwangjin-gu Seoul Special Metropolitan City (hereinafter “instant land”) decided on March 27, 2002 as urban planning facilities in relation to the “C development project” promoted by Seoul Special Metropolitan City, the sum of 237 square meters and one parcel, and the same year.

5. On 30. 30. Accordingly, the project name: C development project; project implementer: Defendant’s urban planning project (hereinafter “instant development project”).

B. The Plaintiff and D owned the instant land in proportion to 1/2 shares. The Defendant completed the registration of ownership transfer on the instant land on May 30, 2003 after paying KRW 366,379,000, respectively, as compensation to the Plaintiff and D pursuant to the former Act on Acquisition of and Compensation for Land, etc. for Public Works (amended by Act No. 6916, May 29, 2003) to implement the instant C development project.

The instant development project was completed on December 26 of the same year.

C. After June 22, 2006, the head of Gwangjin-gu Seoul Special Metropolitan City approved the housing construction project plan (hereinafter “instant housing construction project”) for the land E and 56 parcels, including the instant land on June 22, 2006, under Article 16 of the Housing Act, the title of the project: F construction project; the project undertaker: ENH Development Co., Ltd. (hereinafter “HNH development”); the scale of the project: the two underground floors; the 23th above ground floors; multi-family housing (multi-family housing) and the incidental and 122 households incidental and welfare facilities (hereinafter “the instant housing construction project”). At the same time, the head of Gwangjin-gu Seoul Special Metropolitan City approved the housing construction project plan for the instant land (public land) and notified the modification of the plan for the housing construction of this case at the same time.

On September 1, 2006, the ownership of the instant land was corrected by the Seoul Special Metropolitan City on the grounds of error in application. The Seoul Special Metropolitan City shall register the transfer of ownership on the grounds of the sale on March 26, 2008, for HNH development on March 26, 2008.